What are fradulent practices?

"Fraud" is defined under clause 2(c) of the Regulations. It includes specific acts committed by a party to a contract t another to induce him to enter into a contract. Such act can also be commited by the agent of the party to the contract aforesaid, or wth the connivance of the party to the contract. Similar the act defined as fradulent can also be committed by the party to the contract to the agent of the other party who is induced to enter into the contract. The following are the fradulent acts

1. The suggestion, as to a fact, of that which is not true, by one who does not believe it to be true;

2. The active concealment of a fact by one having knowledge or belief of the fact;

3. A promise made without any intention of performing it;

4. Any other act fitted to deceive;

5. Any such act or omission as the law specially declares to be fraudulent; and "fraudulent" shall be constructed accordingly;

It is clarified that mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech.

The following acts committed by any person are prohibited under the Regulations

1. To effect, take part in, or enter into, either directly or indirectly, transactions in securities, with the intention of artificially raising or depressing the prices of securities and thereby inducing the sale or purchase of securities by any person;

2. To indulge in any act, which is calculated to create a false or misleading appearance of trading on the securities market;

3. To indulge in any act which results in reflection of prices of securities based on transactions that are not genuine trade transactions;

4. To enter into a purchase or sale of any securities, not intended to effect transfer of beneficial ownership but intended to operate only as a device to inflate, depress, or cause fluctuations in the market price of securities;

5. To pay, offer or agree to pay or offer, directly or indirectly, to any person any money or money's worth for inducing another person to purchase or sell any security with the sole object of inflating, depressing, or causing fluctuations in the market price of securities

No person shall make any statement, or disseminate any information which:

1. Is misleading in a material particular

2. Is likely to induce the sale or purchase of securities by any other person or is likely to have the effect of increasing or depressing the market price of securities, if when he makes the statement or disseminates the information:

   1. He does not care whether the statement or information is true or false; or

   2. He knows, or ought reasonably to have known that the statement or information is misleading in any material particular. Nothing in this sub-regulation shall apply to any general comments made in good faith in regard to:

      1. The economic policy of the Government,

      2. The economic situation in the country,

      3. Trends in the securities markets, or

      4. Any other matter of a similar nature, whether such comments be made in public or in private

The following acts are prohibited. No person shall:

1. In the course of his business, knowingly engage in any act, or practice which would operate as a fraud upon any person in connection with the purchase or sale of, or any other dealing in, any securities;

2. On his own behalf or on behalf of any person, knowingly buy, sell or otherwise deal in securities, pending the execution of any order of his client relating to the same security for purchase, sale or other dealings in respect of securities. Nothing contained in this clause shall apply where according to the clients instruction, the transaction for the client is to be effected only under specified conditions or in specified circumstances;

3. Intentionally and in contravention of any law for the time being in force delays the transfer of securities in the name of the transferee or the despatch of securities or connected documents to any transferee;

4. Indulge in falsification of the books, accounts and records (whether maintained manually or in computer or in any other form);

5. When acting as an agent, execute a transaction with a client at a price other than the price at which the transaction was executed by him, whether on a stock exchange or otherwise, or at a price other than the price at which it was offset against the transaction of another client.